Ofcom cracks down on UK tech firms, will issue sanctions for illegal content

• Ofcom will now issue sanctions for tech platforms for harmful content
• Fines of up to £18 million could be given
• Social media and messaging apps are in the scope of the Online Safety Bill

The UK’s communications regulator Ofcom has announced it will now issue sanctions against tech platforms that fail to remove illegal or harmful content on their sites.

From today, updates to the Online Safety Act mean new ‘illegal harm duties’ have come into force, meaning platforms must implement appropriate measures to “remove illegal material quickly when they become aware of it, and to reduce the risk of ‘priority’ criminal content from appearing in the first place.”

This means platforms will be assessed on compliance with ‘illegal harm obligations’, and law enforcement will be “ launching targeted enforcement action” when concerns are uncovered. Priority offences targeted include harassment, terrorism, abuse material, and fraud.

A wide scope

These enforcements won’t come just for social media platforms, but also for search engines, and ‘user-to-user’ services with “a significant number of UK users, or targeting the UK market”, where people may encounter content, including message, videos, and images that have been generated, uploaded, or shared by users.

Ofcom will use the ‘strong enforcement powers’ at its disposal, including applying to courts to block platforms in serious cases, and issuing fines of up to 10% of turnover, or £18 million for non-compliance.

“From our experience in advising clients with their Online Safety Act experience and assisting with their risk assessments, it is important for service providers to get it right and conduct the risk assessments properly,” comments Terry Green, Social Media Partner at Katten Muchin Rosenman UK LLP.

“This means service providers must fully take into account Ofcom’s risk profiles, various factors attributing to the risks and meet robust record keeping requirements. The amount of guidance released by Ofcom indicates it has high expectations in terms of how service providers are complying with its statutory duty.”

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